Balancing Fairness and Confidentiality: Lessons from Jarvis v. The Toronto-Dominion Bank

October 15, 2024 | Tiana Terrigno

Case Background

The plaintiff, Gordon Jarvis, brought a wrongful dismissal action against his former employer, TD Bank. The Bank argued that it had just cause for terminating Mr. Jarvis, relying on its investigation into three employee complaints regarding his conduct. Mr. Jarvis then requested access to these complaints, along with the original whistleblower complaint and the full investigation report, which were referenced in the Statement of Defence.

TD Bank complied with the request but redacted the names and identifying information about the employees involved, since it had promised them anonymity during the investigation process. Dissatisfied with this outcome, Mr. Jarvis filed a motion compelling the Bank to produce the unredacted documents.

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